[License-review] License-review Digest, Vol 119, Issue 14

Kevin P. Fleming lists.osi-license-review at kevin.km6g.us
Sat Aug 26 11:05:11 UTC 2023


On Sat, Aug 26, 2023, at 05:41, Legal Desk via License-review wrote:
> So, a revocable grant is the feature of the license, in Step 3. We can also treat Article 5 provisions for a post-incidence legal control, for the protection of other Licensors and Licensees, ''reusing'' the Grant.
> 
> Therefore,
> a. It is our request to the Chair, License Committee, to please clarify/or disclose your understanding of Article 5 to substantiate/refute/establish whether Article 5≅OSD 5 spec. 

OSD 6 does not permit the license to be revoked based on the way that the works are being used. This is directly, and clearly, a revocation based upon the 'field of endeavor'. The grant of a license for use of the work must be unconditional and irrevocable.

The only conditional license grants permitted are those related to distribution; if a distributor of the work fails to comply with the license's distribution terms, then their license to distribute the work can be revoked or terminated. However they still retain a license to use the work in that case.
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